Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (15)
- Constitutional Law (9)
- Law and Philosophy (6)
- Law and Politics (6)
- Comparative and Foreign Law (5)
-
- Judges (3)
- Jurisprudence (3)
- Courts (2)
- Criminal Procedure (2)
- Jurisdiction (2)
- Religion Law (2)
- Supreme Court of the United States (2)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Common Law (1)
- Conflict of Laws (1)
- Education Law (1)
- European History (1)
- European Law (1)
- First Amendment (1)
- History (1)
- Human Rights Law (1)
- International Humanitarian Law (1)
- Labor and Employment Law (1)
- Law and Race (1)
- Law and Society (1)
- Legal (1)
- Institution
- Publication
-
- Michigan Law Review (9)
- Ledewitz Papers (5)
- Michigan Journal of International Law (5)
- Articles (4)
- All Faculty Scholarship (2)
-
- Law and Contemporary Problems (2)
- Northern Illinois University Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Cornell Journal of Law and Public Policy (1)
- Cornell Law Review (1)
- Duke Law Journal (1)
- Faculty Publications (1)
- Notre Dame Lawyer (1)
- Other Publications (1)
- Reviews (1)
- Seattle University Law Review (1)
- Publication Type
Articles 1 - 30 of 39
Full-Text Articles in Law
Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl
Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl
Northern Illinois University Law Review
Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …
How To Prevent Another Larsen Affair, Bruce Ledewitz
How To Prevent Another Larsen Affair, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Winning And Losing With Employee Participation, Ellis Boal
Winning And Losing With Employee Participation, Ellis Boal
Cornell Journal of Law and Public Policy
No abstract provided.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
The Constitutionality Of The Bank Bill: The Attorney General’S First Constitutional Law Opinions, Walter Dellinger, H. Jefferson Powell
The Constitutionality Of The Bank Bill: The Attorney General’S First Constitutional Law Opinions, Walter Dellinger, H. Jefferson Powell
Duke Law Journal
No abstract provided.
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Law and Contemporary Problems
The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Cornell Law Review
No abstract provided.
Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton
Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton
University of Michigan Journal of Law Reform
This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
University of Michigan Journal of Law Reform
In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …
Revisiting The Role Of Liberal Trade Policy In Promoting Idealistic Objectives Of The International Legal Order, Robert L. Mcgeorge
Revisiting The Role Of Liberal Trade Policy In Promoting Idealistic Objectives Of The International Legal Order, Robert L. Mcgeorge
Northern Illinois University Law Review
Professor McGeorge begins by relating the events that led to the conference. He provides a brief historical overview of the post-World War II international order. Professor McGeorge concludes his article with an explanation of international trade policy after the Cold War.
Rehabilitating Federalism, Erwin Chemerinsky
Rehabilitating Federalism, Erwin Chemerinsky
Michigan Law Review
A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs
Michigan Law Review
A Review of Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America by Edward A. Purcell, Jr.
The Inherent Power In Mapping Ownership, Michael P. Conzen
The Inherent Power In Mapping Ownership, Michael P. Conzen
Michigan Law Review
A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
Michigan Law Review
A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington
A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner
A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner
Michigan Law Review
A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
Michigan Law Review
A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely
Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve
Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve
Michigan Law Review
A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Faculty Publications
No abstract provided.
Punishment Most Cruel, Bruce Ledewitz
Punishment Most Cruel, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
Michigan Law Review
This essay explains that the true origins of the common law privilege are to be found not in the high politics of the English revolutions, but in the rise of adversary criminal procedure at the end of the eighteenth century. The privilege against self-incrimination at common law was the work of defense counsel.
Part I of this essay discusses the several attributes of early modem criminal procedure that combined, until the end of the eighteenth century, to prevent the development of the common law privilege. Part II explains how prior scholarship went astray in locating the common law privilege against …
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
All Faculty Scholarship
This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
Michigan Journal of International Law
This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Michigan Journal of International Law
Review of Choice of Law and Multistate Justice by Friedrich K. Juenger
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Michigan Journal of International Law
Review of The United Nations and Human Rights: A Critical Appraisal (Philip Alston ed.)
Notre Dame Lawyer - Academic Year 1994-95, Notre Dame Law School